IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION No. 4783/2018 BETWEEN:
Naheemuddin @ Maheem, Aged about 43 years, S/o late Shamshuddin, Haleyur, Bylakuppe Village, Periyapatna Taluk, Mysore District -571107, And also at Shayee Mohalla, Kulti Village, Post & Taluk, Burdwan, West Bengal 713422.
(By Sri.M.Vinayakeerthy, Advocate) AND:
State by Bylakuppe Police Station, Mysooru District, Reptd. by Public Prosecutor, High Court, Bengaluru – 560001.
(By Sri. M.Divakar Maddur, HCGP) …Petitioner …Respondent This criminal petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.3/2018 (Special Case No.151/2018) of Bylakuppe Police Station, Mysuru District, for the offence punishable under Sections. 376 (2)(i) of IPC, Section 5 (m), 6 of the POCSO Act, Sections. 3(1) (w) (i) & 3(2) (v) of the SC and ST (Prevention of Atrocities) Act etc.
This petition coming on for orders this day, the Court made the following;
ORDER The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C., to release him on bail in Crime No.3/2018 (Special Case No.151/2018) of Bylakuppe Police Station for the offence punishable under Sections. 376 (2)(i) of IPC, Section 5 (m), 6 of the POCSO Act, Sections. 3(1) (w) (i) & 3(2) (v) of the SC and ST (Prevention of Atrocities) Act.
2. The brief facts of the prosecution case are that on 07/01/2018 at about 8.45 p.m., victim minor girl went from her house to a shop to buy biscuits, at that time, the accused who was residing in a nearby rented house induced the victim to come to his house under the pretext of giving eatables. He took her inside his house and locked the door and disrobed the victim and perpetrated sexual assault and penetrative sexual assault on the victim with his fingers and at that time, petitioner/accused continuously switched on and switched off the electric light, as a result of which, the family members of the victim who were searching for her got alerted and looked through the window which ultimately resulted in rescuing the victim. On the basis of the complaint, a case has been registered for the said offences.
3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
4. It is the submission of the learned counsel for the petitioner that the FSL report does not support the case of the prosecution. Even the first information and charge sheet is looked into, the entire scenario has been changed and a new charge sheet has been filed. He further submitted that the said allegations do not support the case of the prosecution and even medical report is also not supported the case. He submitted that charge sheet has already been filed and petitioner/accused has been languishing in jail since one year and his custodial detention is not necessary. He is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, learned HCGP vehemently argued and submitted that the minor girl was taken to the house of the accused under the guise of providing eatables and the accused disrobed her and sexually assaulted her, said act corroborates with medical evidence. He further submitted that the minor girl was 12 years, when the alleged incident has taken place. Statement of the victim under Section 164 of Cr.P.C. has also been recorded, in which she has reiterated the act which has been done by the petitioner/accused. Petitioner/accused has committed heinous crime on the minor girl. There are no good grounds to release him on bail. Hence, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of the learned counsel for the parties and perused the records.
7. It is alleged in the complaint that the minor girl was taken to the house, disrobed her and thereafter perpetrated sexual assault and penetrative sexual assault on the victim with his fingers. The medical report is issued by the Medical Officer of Cheluvamba Hospital at Mysore, wherein the doctor has opined that the hymen is not intact and there are signs of vagina penetration and there is no recent sexual assault. The said information corroborated with the statement of the victim. Under such circumstances, I feel that the submissions made by the learned counsel that there is no material to connect the accused with the crime, is not acceptable. There is prima facie material as against the accused. Merely because the accused is languishing in jail, is not a ground to release him on bail. In the circumstances, the petitioner/accused has not made out any ground to release him on bail.
8. In the result, the petition stands dismissed.
Sd/- JUDGE Msu